James Runzheimer, Attorney James Runzheimer, Attorney 2026-07-18T21:49:34Z https://www.runzheimerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1603816/2020/05/apple-touch-icon-75x75.png On Behalf of James Runzheimer, Attorney <![CDATA[What is an unconscionable contract?]]> https://www.runzheimerlaw.com/?p=46835 2026-07-18T21:49:34Z 2026-07-18T21:49:34Z Unconscionable contracts are imbalanced An unconscionable contract provides far more protection and benefit for one party as opposed to the other. In some cases, contracts are unconscionable due to the terms that they include. Particularly in scenarios where contracts focus solely on the protection of an employer, the courts may agree that the document is unconscionable because it unfairly prioritizes one party over the other. Other times, the negotiation process leading to the contract signing could lead to claims that the agreement is unconscionable. If one party coerced or threatened the other into signing, especially if there is a significant imbalance of authority between the two parties, then the courts may agree that the contract is unconscionable and that invalidating it is an appropriate legal remedy. Reviewing the terms of an agreement, and the circumstances leading to its signing, with a professional can help work determine if they are in a position to challenge a contract they’ve signed. Lawyers can provide valuable insight into the legal obligations created by contracts and strategies for ending them early.  ]]> On Behalf of James Runzheimer, Attorney <![CDATA[What is the process of changing a registered agent in Texas?]]> https://www.runzheimerlaw.com/?p=46834 2026-07-14T16:14:15Z 2026-07-14T16:14:15Z Every Texas business is required to maintain a registered agent to receive important legal and government documents. This role helps ensure that official notices, service of process and state correspondence reach your business promptly. As your company grows, you may decide to appoint a different registered agent. Whether you want greater privacy, improved reliability or a professional service, understanding the process of changing a registered agent can help you remain compliant with Texas business formation law.

Choose a qualified replacement

Before making any changes, select a new registered agent who satisfies Texas requirements. The new agent must have a physical address in Texas and be available during normal business hours to receive official documents on behalf of your business. Many business owners choose a professional registered agent service, while others appoint an individual who meets the legal qualifications.

Obtain the new agent's consent

A registered agent cannot be appointed without agreeing to serve in that role. Before filing any paperwork, confirm that the new agent has accepted the appointment. This step is important because Texas requires the designated registered agent to consent to receiving legal and official communications for the business.

File the required change with the state

Changing a registered agent requires submitting the appropriate form to the Texas Secretary of State. The filing identifies your business, provides the information for the new registered agent and updates the official state records. Businesses should carefully review the information before submitting the filing to avoid unnecessary delays or corrections.

Wait until the change becomes effective

After the filing is submitted and accepted, the new registered agent officially becomes responsible for receiving legal notices and government correspondence for the business. Until that time, the current registered agent generally remains the official contact listed with the state. Keeping your registered agent information current helps prevent missed deadlines, legal notices or other important communications. As part of Texas business formation law, changing a registered agent is a straightforward process when completed correctly. Whether you are appointing a professional service or another qualified individual, following each required step helps your business remain in good standing. If you have questions about changing a registered agent or other business compliance matters, seek legal guidance before filing your documents.]]> On Behalf of James Runzheimer, Attorney <![CDATA[Does a variance change the zone?]]> https://www.runzheimerlaw.com/?p=46832 2026-06-29T14:41:27Z 2026-06-29T14:41:27Z When it comes to real estate, a variance can help a property owner get around zoning regulations. An example could be if a business owner purchases a property that is zoned for residential use, but they want to open a commercial location. Even though it is not in a commercial zone, a variance may give them the ability to operate the business anyway. We recently discussed when variances are typically approved. They are often used if the lack of a variance creates an undue hardship, for example. The government will also consider whether there would be a detrimental impact on neighboring properties. If there is not, the variance is more likely to be approved.

The zone stays the same

But even when these conditions are met and a variance is issued, that does not actually change the zoning at all. The hypothetical property noted above is still a residential property. The owner has just been given a variance to allow them to begin commercial operations. This is an important distinction to make. For one thing, if that person buys another property in the same area, they should not automatically assume that commercial operations will be allowed.  The same is true for other potential owners. If someone else buys a neighboring property, they may want to open their own business, but they would need to get their own variance in order to be legally permitted to do so. A variance is not guaranteed, and every case is unique, but it can be a useful tool when purchasing or developing real estate. Property owners need to understand exactly what steps to take and what legal options they have.  ]]> On Behalf of James Runzheimer, Attorney <![CDATA[Why is a dose of pessimism crucial when starting a business?]]> https://www.runzheimerlaw.com/?p=46831 2026-06-18T15:09:06Z 2026-06-18T15:09:06Z Starting a business and driving it forward takes a huge amount of energy. A prospective business owner who lacks a positive mindset is unlikely to get very far. That being said, entrepreneurs need to maintain a balanced view, as pure positivity could prove problematic. Assuming everything is going to work out or focusing only on the positives in a situation could leave you unprepared for the harsh realities of life as a business owner.

Most businesses will encounter problems

Most businesses do not have a smooth journey. Understanding this from the outset allows you to put measures in place to plan for when things don’t go the way you hoped. One example is if you start with a partner. One report found that 70% of business partnerships fail within the first five years. A good partnership contract should lay out how disputes will be dealt with, such as specifying that mediation must be tried before any attempt at litigation. It might also make clear how the price will be determined if one partner is to buy out the other. Another report from 2024 found that 40% of small businesses had been sued by an employee in the previous year. Having a plan in place for such situations can prevent them from escalating unnecessarily. For example, providing clear channels for employees to raise complaints. Disputes or emergencies can also put you in the public eye, so determining who will take charge of communication in such situations is essential. Finally, it is always wise to consider that you, as a business owner, may unexpectedly be forced to step back from operations. Putting a succession plan in place early on can help the business continue despite this. Learning more about how to plan for events you hope won’t occur is an important step when starting a new business. Legal guidance can make that easier. ]]> On Behalf of James Runzheimer, Attorney <![CDATA[What happens during a rezoning dispute in Arlington?]]> https://www.runzheimerlaw.com/?p=46829 2026-06-01T17:39:56Z 2026-06-01T17:39:56Z Disputes increase the level of approval required Property owners have the right to respond to and contest rezoning proposals. If no one challenges a rezoning effort, then a standard majority vote by relevant municipal authorities can be enough to change the current zoning for a property. However, when there are disputes related to the rezoning effort, the degree of support required for rezoning shifts significantly. Current rezoning rules require a supermajority in scenarios where neighboring property owners question a rezoning request. Two-thirds of those voting on a rezoning proposal must approve the request in cases where neighbors argue that the change could affect the property values or their right to quietly enjoy their holdings. Those hoping to rezone a property may need assistance navigating the zoning process while addressing concerns with neighbors to avoid challenges that could complicate the process. Working with a land use and zoning attorney can make zoning changes more accessible for property owners and businesses.]]> On Behalf of James Runzheimer, Attorney <![CDATA[The importance of written business contracts]]> https://www.runzheimerlaw.com/?p=46828 2026-05-21T18:39:40Z 2026-05-21T18:39:40Z In Texas, you can technically use either written or oral business contracts. Both of them can be binding. However, an oral contract is more of a risk. Many small business owners are tempted to enter into handshake deals with other people, especially if they know each other and feel confident that the other party will uphold their end of the deal. But this can lead to significant legal complications that a written business contract would avoid.

Addressing a contract breach

Most importantly, if an oral contract is breached, it can be very hard to prove what terms were agreed to in court. It often becomes a situation where both parties tell a different story about what they believed the terms were. With a written contract, you can simply go back and look at these details.  For instance, perhaps you have been underpaid for your services. You claim that the other party said they would pay you $10,000, but you were only paid $5,000. If you had it in writing that you were owed $10,000 for the job, it is easy to prove that there has been a breach. But if it was just a handshake deal, the other party may claim that they only agreed to pay $5,000 from the very beginning. Whether they are doing this intentionally to get out of a portion of the payment or if it is a miscommunication issue where they genuinely believed that the cost was much lower, it is still very difficult to prove without a written agreement.

Drafting business contracts

The best way to avoid many of these disputes is simply to draft official business contracts in advance. This is a risk management strategy that can help your business, so be sure you know what legal steps to take.  ]]> On Behalf of James Runzheimer, Attorney <![CDATA[Do you need a short-term or long-term business plan?]]> https://www.runzheimerlaw.com/?p=46827 2026-05-07T21:12:43Z 2026-05-07T21:12:43Z Planning in advance is crucial when starting a business, but the truth is that you may need multiple business plans. Many business owners create a short-term plan, a medium-term plan and a long-term business plan. You can develop these simultaneously, rather than choosing just one. Naturally, you may need to make adjustments to these plans over time. For instance, if you have a one-year plan, a five-year plan and a 10-year plan, things can change significantly depending on how the business performs. But having general guidelines in place can still help you build the long-term success that you desire.

How your goals may differ

Often, short-term business goals involve simply getting the company off the ground, starting marketing efforts, building brand awareness and hoping to break even. You may have taken out business loans to get started, so focusing on generating enough revenue to pay off your obligations can help create stability. Medium-term business goals often involve improving the company as you gain experience. You may discover more about the machinery and equipment you need or learn different ways to focus on employee training. There are often things you cannot predict in advance, but you will learn how they affect the business during the first few years and can address them in real time. Long-term business plans often focus on sustainability and growth. Maybe you want to begin with a single location, but your ultimate goal is to expand to multiple locations or even start a franchise. Taking things step-by-step allows you to work toward that long-term success.

Drafting your business plan

The specific business plan you create will be unique to your situation, but this helps demonstrate how important it is to plan well in advance, even before opening your doors. It can help to work with an experienced law firm while drafting your business plan, conducting due diligence, creating relevant contractual agreements and addressing other legal concerns.  ]]> On Behalf of James Runzheimer, Attorney <![CDATA[Why estate administration can take longer than families expect]]> https://www.runzheimerlaw.com/?p=46826 2026-04-23T23:15:54Z 2026-04-23T23:15:54Z Estate administration often begins with the expectation that everything will be resolved quickly and smoothly. Families are already managing grief, and delays can add yet another layer of frustration. What many people discover, however, is that the process involves more moving parts than it first appears. Even relatively straightforward estates can take time to fully settle.

Reasons estate administration might take longer

One of the most common reasons for delay is the court process itself. Probate courts operate on their own timelines, which can include waiting periods, scheduled hearings and required notices to interested parties. Even when there are no disputes, these procedural steps cannot be rushed and must be completed in a specific order before the estate is able to move forward. In general, the timeline may not be completed until 9 to 24 months after death, and this timeframe typically does not apply to more complex cases or those involving potential litigation. Another factor is the time it takes to identify, gather and value assets. Financial accounts, personal property and even digital assets all need to be located and documented. In some cases, institutions may take weeks to respond or additional steps may be required to access certain accounts, especially if records are incomplete or outdated. Debts and taxes can also extend the timeline. Creditors must be given an opportunity to make claims against the estate, and those claims need to be reviewed and resolved. Additionally, final income taxes and, in some cases, estate taxes may need to be filed, and delays in obtaining necessary financial information can slow this process further. Even when everything is handled carefully and correctly, estate administration is rarely immediate. Speaking with a knowledgeable legal professional can help set realistic expectations and guide families through each step with greater clarity and confidence.]]> On Behalf of James Runzheimer, Attorney <![CDATA[Changing a business’s entity type as operations evolve]]> https://www.runzheimerlaw.com/?p=46825 2026-04-03T15:10:36Z 2026-04-03T15:10:36Z How do business owners modify entity types? Modifying a business's entity type is a formal legal process. Business owners usually need to submit paperwork to the state. They may need to update operating agreements and business plans to reflect the change in function and entity type. In some cases, the change in entity type may require a change of the company's name. That, in turn, may trigger a cascade of other paperwork. Contracts and accounts may require updates to reflect a company’s new entity type or name. Even tax preparation can change when the structure of a company evolves. The current type of business and the new entity type both influence the exact procedures required to change the structure of a company. Outsourcing much of that process to a business attorney is often helpful for those who want to focus on business operations instead of bureaucratic paperwork. An attorney can assist with the selection of a new entity type and with the completion of every step of the changeover process.]]> On Behalf of James Runzheimer, Attorney <![CDATA[The hidden risks of personal liability for Texas business owners]]> https://www.runzheimerlaw.com/?p=46823 2026-03-19T18:12:06Z 2026-03-19T18:12:06Z As a business owner, you may be held legally responsible for business debts, lawsuits or obligations. This is especially common in sole proprietorships and general partnerships, where there is no legal separation between you and the business. Your savings, your home and even your future earnings could be at risk if something goes wrong. Most people believe they are protected simply because they formed a limited liability company (LLC) or a corporation. While such structures can offer protection, it’s not absolute. You may still be personally liable for certain actions.

Common situations that trigger liability

Personal liability can arise in various ways. For instance, if you mix personal and business finances, you may lose the legal protection of your business structure. Texas courts have the authority to ‘pierce the corporate veil’, meaning they can look past your LLC or corporation and come straight to your personal assets. If your business account doubles as a personal ATM, you’re already at risk. Signing contracts in your personal name and personally guaranteeing business loans or leases are also common triggers. You may be treated as a party to the agreement in your individual capacity, which makes you directly responsible if your business defaults. You may also be held personally liable for failing to carry adequate insurance for your business, especially in high-value claims where recovery surpasses the company’s available assets. Similarly, you can be individually responsible for engaging in negligent or wrongful conduct, regardless of the business entity.

How to protect yourself

The good news is that personal liability is largely preventable with the right strategy. Forming the appropriate business entity, maintaining clear financial separation, and doing everything by the book can all go a long way. Working with the right legal professionals can help you structure your business properly and ensure your liability protection holds up if challenged.]]>